Loading...
HomeMy WebLinkAbout06/11/1984CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 1984 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 11th, 1984, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick (attended at 8:05 p.m.); Clerk Asleson. ABSENT: None. Mayor Branning called the meeting to order at 8:00 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of. Holton, seconded by Goodwin, approving the agenda for to- night's meeting as presented. Ayes - 4 - Nays - 0. APPROVE AGENDA CONSENT AGENDA RES. 1984-84 PROJ. 76-9 AWARD CONTRACT RES. 1984-85 PROJ. 83-12(2) AWARD CONTRACT WOMEN'S CLUB BINGO LICENSE CHANGE ORDER 1 PROJ. 83-17 BLDG. PERMIT LOT 7, BLK 2, V.C. PARK 2ND REDUCE BOND PILOT KNOB ESTATES 3RD APPROPRIATE UNCLAIMED PROP. MOTION: of Holton, seconded by Goodwin, approving all items on the con- sent agenda vith no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984-84 awarding the contract for Project 76-9, Diamond Path Trunk and Rosemount-Apple Valley Water Connection, to Ceca Utilities, the low bidder, in the amount of $37,201.00. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984-85 awarding the contract for Project 83-12(2), Meadowlark Glen 1st and 2nd Additions Street Improvements, to Alexander Construc~ tion, the low bidder, in the amount of $243,188.00. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving a license for the Greater Apple Valley Area Federated Women's Club to conduct a bingo occasion on July 4, 1984, at Hayes Field and waiving the requirement for a $10,000 bingo manager's fidelity bond pursuant to City Code Section 14-35(a). Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 1 to the contract with Service Enterprise Corporation for Project 83-17, Removal of 500,000 Gallon Reservoir, extending the com- pletion date to October 1, 1984, and allowing the concrete footings to remain. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing issuance of a build- ing permit for an office building/photographic studio on Lot 7, Block 2, Valley Commercial Park 2nd Addition as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving a reduction in the amount of the letter of credit for Pilot Knob Estates 3rd Addi- tion improvements from $36,600 to $19,000. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving appropriation of the unclaimed property requested by the Chief of Police in his memo dated June 9, 1984, for City usage. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 1984 Page 2 MOTION: of Humphrey, seconded by Holton, approving the minutes of the meeting of May 24th, 1984, as written. Ayes - 4 - Nays - 0. MAY 24, 1984 MINUTES Mayor Branning asked if anyone was present to address the Council at LENFESTY- this time on any item not on this meeting's agenda. Tom Lenfesty, a MEADOWLARK resident of 128th Street, said he was told, at a previous meeting, that GLEN DRAINAGE construction of a ditch would solve the drainage problem on his pro- PROBLEM petty and it hasn't. He believes the drainage has been altered and will be a permanent problem and requested a plan to solve the problem on his, Mr. Doylefs and his neighbors' properties. Ne asked for a plan to be presented in i0 days for him to reivew. Mr. Gordon said the storm sewer to serve Meadowlark Glen was staked today and installation of the pipe is scheduled to start tomorrow which, when com- pleted should permanently solve the problem. He agreed to give Mr. Lenfesty a copy of the plan and Mr. Lenfesty agreed the installation of the storm sewer should continue at this time. (Councilmember Savanick attended during this time.) Mayor Branning called the public hearing to order at 8:10 p.m. on Pro- PUBLIC HEARING ject 84-14, public improvements for Forest Point, and noted receipt of PROJ. 84-14 the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated April 30, 1984, describing the proposed improvements. Utilities are on the south side of Palomino Drive and will be brought under the road to serve the development. Storm sewer will drain to Palomino Drive. The Mayor asked for any questions or comments; there were none and the hearing was declared closed at 8:12 p.m. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1984- 86 ordedering installation of Project 84-14, Forest Point Public Improvements. Ayes - 5 - Nays - 0. RES. 1984-86 ORDER PROJ. 84-14 RES. 1984-87 PLANS & SPECS. PROJ. 84-14 MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1984- 87 directing the Engineer to prepare plans and specifications for Project 84-14, Forest Point. Ayes - 5 - Nays - 0. John Gretz reviewed the Development Agreement for Forest Point. It includes accept- ing cash in lieu of land for park dedication. All the area is platted and Block 2 includes a scenic easement over the rear of the lots. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984- 88 approving the final plat and Development Agreement for Forest Point subdivision and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1984-88 FOREST POINT PLAT & AGRMT. Mayor Branning called the public hearing to order at 8:15 p.m. on Pro- PUBLIC HEARING ject 84-15, sidewalks on the east side of Pennock Avenue, and noted PROJ. 84-15 receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated April 30, 1984, describing the proposed improvements for the purpose of providing a continuous walk- way from Whitney Drive to 140th Street. The cost includes removing the berm north of 147th Street and some of the landscaping between 147th and 149th Streets. The Mayor asked for questions or comments. CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 1984 Page 3 Councilmember Savanick asked if the sidewalk could be moved closer to the street to preserve the landscaping? Mr. Gordon said that would create a snow removal problem. Joe Milbauer, owner of Pennock Plaza Building, asked if the sidewalk could be placed on the west side of Pennock to preserve the landscaping? Mr. Gordon said future plans show sidewalks are intended on both sides of all collector streets which in- cludes Pennock. It might be possible to move the sidewalk closer to the building to retain some of the trees if desired. Mr. Gordon and Mr. Gretz said they could meet with him to discuss the details. Mr. Milbauer said 147th Street has sidewalk only on one side and a path on the west side of Pennock could accommodate pedestrian and bike traffic. John Natwick said he does not object to the sidewalk, but would prefer a blacktop path instead of concrete. If it is installed on the east side of the street, in areas where landscaping is a problem, could just those small areas be moved closer to the street? He would prefer blacktop; however, he does not object to the cost. Councilmember Humphrey asked if the hearing should be continued for two weeks so staff can meet with property owners? Mr. Gordon and Mr. Gretz said it would not be necessary to continue the hearing, but they would meet with property owners and could have plans for the Council to consider at its July 12, 1984, meeting. There being no further comments, the hearing was declared closed at 8:34 p.m. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1984- 89 ordering installation of Project 84-15, five-foot concrete sidewalks along the east side of Pennock Avenue between Whitney Drive and 146th Street where it has not been previously installed. RES. 1984-89 ORDER PROJ. 84-15 Councilmember Goodwin asked when sidewalk or path would be installed on the west side of Pennock? Mr. Gretz said it would depend on development of the property which is not known. Mayor Branning said the Council could order it installed when necessary. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1984- RES. 1984-90 90 directing the Engineer to prepare plans and specifications PLANS & SPECS. for installation of Project 84-15. Ayes - 5 - Nays - 0. PROJ. 84-15 Senator Darril Wegscheid and Representative Carolyn Rodriguez were pre- WEGSCHEID- sent and reviewed some of the new legislation from the 1984 session RODRIGUEZ including DWI law changes, handicapped voting facilities, solid waste LEGISLATIVE disposal sites, Martin Luther King's birthday holiday, classifying homes DISCUSSION for mentally retarded, permitting rent control referendum in charter cities, public employees' pensions, three-wheel vehicle regulations, establishment of a regional transit board, comparable worth, a cap of 20 percent annually on property taxes, etc. They discussed some of these items with Council in more detail and thanked them for the opportunity to share this information. MOTION: of Holton, seconded by Goodwin, passing Ordinance No. 319 amend- ing Section 1 of Article II, Appendix C, of the City Code to allow a cable television franchise to be renegotiated for a period of up to 15 years. Ayes - 5 - Nays - 0. ORDINANCE 319 CABLE FRANCHISE RENEGOTIATION CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 1984 Page 4 MOTION: of Savanick, seconded by Humphrey, receiving a resolution and final draft of a franchise ordinance, renewing a franchise with Metro Cable, Inc., through December 31, 1998, from the Apple Valley Cable TV Commission and setting a public hearing on it at 8:00 p.m. on July 12, 1984, as recommended by the Commission. Ayes - 5 - Nays - 0. SET CABLE FRANCHISE HEARING Mr. Asleson commented on the proposed ordinance and said one provision is that all of the City, except a few outlying areas, will be served by cable by the end of 1984. Councilmember Savanick asked if homeowners are permitted to install their own satellite dishes? Frank Woytek, of Metro Cable, was present and said he be- lieves they can, but some of the pay channels' signals are or will be scrambled to limit reception. MOTION: of Goodwin, seconded by Savanick, directing the Mayor to send a THANK CABLE letter thanking the Cable Commission for its work on the fran- COMMISSION chise renewal. Ayes - 5 - Nays - 0. John Gretz reported he had met with Mr. Erb and Mr. Rosas, of MnDOT, CEDAR NOISE and residents along Cedar Avenue. The property owner on the east side WALL REPORT of Cedar Avenue, north of Palomino Drive, did not want noise walls. Re- sidents in the Hidden Ponds subdivision requested them and they will be installed when the east-west portion of Trunk Highway 77 is constructed. The re- sidents main concern is along the west side at 123rd Street and a 500-foot wall will be built in that area with additional plantings. Some of the plantings to be removed for construction of the east-west portion of the road will be relocated there and the City Forestor will work with MnDOT on additional plantings. Mr. Asleson reviewed his memo dated June 8, 1984, concerning purchase of software for Fire Department recordkeeping and distributed copies of sample reports the software is capable of generating. Dick Russell and Dick Tuthill, of the Fire Department, were present and described some of the recordkeeping requirements and information needs. Councilmember Holton asked what the ongoing charge for the soft- ware would be? Mr. Russell said the monthly maintenance fee is $25.00 and once we are assured the program is operating correctly that could be dropped and then ne- cessary work would be on a time and materials basis. MOTION: of Goodwin, seconded by Holton, approving the purchase of fire FIRE COMPUTER management computer software from MaSys Corporation in the SOFTWARE amount of $2,780.00 plus $25.00 per month maintenance fees per the agreement draft dated May 1, 1984, and authorizing the Mayor and Clerk to sign the same, subject to review by the City Attorney. Ayes - 5 - Nays - 0. The Council received and reviewed the Fire Department's 1983 Annual FIRE DEPT. Report. Chief Tuthill said the number of calls in 1983 did not increase ANNUAL REPORT tremendously which they hope is a result of their prevention program. The Department has had an increase in medical assistance calls and has developed good rapport and teamwork among the police, ambulance and fire personnel on these calls. The Council expressed its appreciation to the Department for its services to the community. CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 1984 Page 5 John Gretz reviewed the Planning Commision report dated June 7, 1984, on a petition for a sideyard setback variance for a deck at 859 Haralson Drive. There was no re- commendation from the Commission because of tie votes on any action. Mayor Branning asked if overhangs, balconies, etc., are included in setback requirements? Mr. Gretz referred to City Code Section A1-9 and said the answer is unclear because of refer- ence to ground floor and this is a split level house. MOTION: of Holton, seconded by Goodwin, granting a variance to allow ton- struction of a deck to within six feet of the east side lot line on Lot 13, Block 1, Apple Valley 10th Addition. Ayes - 5 - Nays - 0. SETBACK VARIANCE 859 HARALSON Mr. Gretz reviewed the Development Agreement for Nordic Woods 5th Addition. It in- cludes accepting cash in lieu of land for park dedication, a temporary road from Galaxie Avenue until Trunk Highway 77 is built and retaining Lot 11, Block 1, for possible future road access if needed. Mayor Branning questioned whether the lot should be an outlot to prevent a potential problem if houses are built on each side of it. Councilmember Savanick said she thought the plat was being limited to 30 houses until a second access to T.H. 77 is available. Councilmember Goodwin asked when the property to the east will develop and provide the second access? Andrew Volstad, representing the developers, said the timing is uncertain because it is con- tingent on sewer availability. Councilmember Holton suggested retaining Lot 11 or 12, Block 3, for temporary access. Mr. Gretz said any additional access to T.H. 77 would have to be approved by MnDOT. Councilmember Goodwin said any temporary access over a lot would destroy any trees on it and limit its potential future development; he does not believe there is a pro- blem with one access for the 60 lots because there will be another access when the balance of the property develops. Vincent Storland, one of the developers, said they revised the plat to comply with MnDOT requirements and it seems unreasonable to change it again. Mr. Volstad suggested adding Lots 11 and 12, Block 1, to Outlot A. The area can be preserved as a possible road access or, if not needed, replatted with Outlot A. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1984- 91 approving the final plat and development agreement for Nordic Woods Fifth Addition with 58 single family lots; Outlot A includ- ing the area of Lots 11 and 12, Block 1 and an option for an easement to the City across the north 85 feet of Outlot A; and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 1 (Savanick). RES. 1984-91 NORDIC WOODS 5TH FINAL PLAT & AGREEMENT MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1984- RES. 1984-92 92 receiving the preliminary engineering report for Project 83-11, SET HEARING Nordic Woods 5th Addition Improvements, and setting a public PROJ. 83-11 hearing on it at 8:00 p.m. on July 12, 1984. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 320 amending City Code Section 15-7 by excluding certain solicitors involved in interstate commerce from licensing requirements, but requiring registration by them. Ayes - 5 - Nays - 0. ORDINANCE 320 SOLICITOR LICENSING CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 1984 Page 6 MOTION: of Humphrey, seconded by Holton, passing Ordinance No. 321 amending City Code Sections 20-8 and 9 providing for issuance of tree work licenses by the city clerk and requiring licen- sees to maintain liability insurance of $300,000 combined single limit. Ayes - 5 - Nays - 0. ORDINANCE 321 TREE WORK LICENSES & INS. Mr. Asleson said the Fischers have requested storm sewer improvements to be installed on their property, north of County Road 42, concurrently with other utility work now being done. A change order has been prepared to make the improvements and Fischers have agreed to be assessed the full cost. MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1984- 93 ordering installation of storm sewer improvements on the Fischer property, north of County Road 42, and waiving the pub- lic hearing based on a petition of 100 percent of the property owners. Ayes - 5 - Nays - 0. RES. 1984-93 ORDER FISCHER STORM SEWER IMPROVEMENTS RES. 1984-94 FISCHER STORM SEWER CHANGE ORDER WEESNER P.C. RESIGNATION MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984- 94 approving plans and specifications for storm sewer improve- ments on the Fischer property and approving Change Order No. 1 to the contract with Fischer Construction Co. for Project 83-3(2) to install the work in the amount of $117,718.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, accepting the resignation of Katherine Weesner from the Planning Commission effective June 30, 1984, and directing the Mayor to send a letter of appre- ciation to her. Ayes - 5 - Nays - 0. The Council agreed that discussion of filling the vacancy should be considered at the June 28th, 1984, meeting. The Council received a memo dated May 17, 1984, on a report of the LMC Local Government Aid Policy Task Force. The League Board will be con- ducting a hearing on it and the Council agreed Mr. Asleson should speak in favor of the policy at the hearing. LMC LOCAL GOVERNMENT AID POLICY MET. COUNCIL REGIONAL MEETING PARTTIME HOURLY SALARIES HIRE PARTTIME EMPLOYEES AMBULANCE MEETING The Council received notice of a breakfast meeting conducted by the Metropolitan Council Chair to be held at Jimmy The Greek's on June 20, 1984, at 7:30 a.m. Mayor Branning said he would attend the meeting. The Council received a memo dated June 8, 1984, from the City Adminis- trator concerning hourly salaries for parttime employees. Mr. Asleson said he would not recommend any action now, but possibly for 1985. MOTION: of Goodwin, seconded by Savanick, approving hiring the parttime employees as listed in the memo from the City Administrator dated June 11, 1984. Ayes - 5 - Nays - 0. Mr. Asleson reported on a meeting he and the Mayor attended June 8, 1984, concerning ambulance service. Revisions to present arrangements are necessitated by Burnsville's decision to operate its own ambulance. CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 1984 Page 7 The intent is still to strive for a 12-city arrangement with Divine Redeemer and he will be meeting with the Administrators of South St. Paul and Eagan to put together options for the City Councils to consider. MOTION: of Savanick, seconded by Goodwin, to pay the claims and bills, checks numbered 31043, 37823 through 37826, 37829 through 37864, 37873 through 37951, 37961 through 37998 and 38003 through 38030, in the total amount of $739,809.82 and a check to Fischer Construction in the amount of $111,832.10. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Humphrey, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:15 o'clock p.m.